B.Sarala Devi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :26.03.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.19216 of 2020 and W.M.P.Nos.23803 & 23804 of 2020 B.Sarala Devi ... Petitioner Vs.
1.The District Collector, Ranipet District.
2.The Block Development Officer, Cum Special Officer, (Kilandoor Panchayat) Arakonam Panchayat Office, Arakonam.
3.Prabhakaran ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent in proceedings Na.Ka.No.A5/3231/2019 dated 01.09.2020 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondents 1 and 2 to appoint the petitioner in the post of Panchayat President, Kilandoor Panchayat.
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For Petitioner : Ms.R.Poornima For Respondents : Mr.K.H.Ravikumar, GA for R1 Mr.T.Chezhiyan, AGP for R2 No appearance for R3
ORDER
This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent in proceedings Na.Ka.No.A5/3231/2019 dated 01.09.2020 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondents 1 and 2 to appoint the petitioner in the post of Panchayat President, Kilandoor Panchayat.
2. Heard Ms.R.Poornima, learned counsel for the petitioner, Mr.K.H.Ravikumar, learned Government Advocate for R1 and Mr.T.Chezhiyan, learned Additional Government Pleader for R2.
3. In response to the notification dated 09.11.2019 the petitioner applied for the post of Panchayat Secretary and participated in the interview. But she came to know that the third respondent has been given with appointment.
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4. The learned counsel for the petitioner submitted that the third respondent is living far away place and does not have any local residence which is one of the condition for appointment. The petitioner has priority certificate as she lost her husband in transformer burst.
5. The learned Government Advocate for the first respondent submitted that the Panchayat Secretary post for Kilandoor Panchayat is for open category and not earmarked for any reserved category. It is further submitted that in the interview conducted by the respondents the third respondent has secured 17 marks and the petitioner has secured 9 marks and the third respondent is also residing in the same village. Hence there is no irregularity or illegality in the appointment of the third respondent.
6. The petitioner presumed that the appointment is on priority basis and that she was disappointed due to the appointment of the third respondent. In the appointment order of the third respondent, it is seen that the third respondent also has the local residence. Since the Page No.3 of 7
appointment has been made only through selection process in which the candidates who have applied were allowed to participate in the interview conducted by the respondents and the appointment has been made only in accordance with the marks secured in the interview, I find no reason to consider the request of the petitioner that she should be given priority in the appointment. The petitioner can apply for any other post in any future notification suiting to her qualification in any priority post. As the records does not show any irregularity or illegality in the appointment of the third respondent, I find no reason for quashing the appointment of the third respondent.
7. In view of the above stated reasons, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Index : Yes /No 26.03.2024 Speaking / Non-speaking gsk Page No.4 of 7
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To 1.The District Collector, Ranipet District.
2.The Block Development Officer, Cum Special Officer, (Kilandoor Panchayat) Arakonam Panchayat Office, Arakonam.
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R.N.MANJULA , J.
gsk W.P.No.19216 of 2020 and W.M.P.Nos.23803 & 23804 of 2020 26.03.2024 Page No.7 of 7